SPARKS v. BARRY'S PLUMBING & HEATING CORP.


230 A.D.2d 606 (1996)

646 N.Y.S.2d 5

Lensley Sparks, Plaintiff, v. Barry's Plumbing and Heating Corp. et al., Defendants. Lawrence Levine, Appellant; Gerald A. Garber, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

August 1, 1996


Having properly found that the award of legal fees to respondent Garber, who provided partial representation to the plaintiff in the underlying action, should be made on a quantum meruit basis, it was error to compute the amount of the award by reference to a percentage of the contingent fee awarded to appellant. The essentially uncontested evidence before the Judicial Hearing Officer that respondent had expended 70 hours on the...

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